CLAIMS ON PORTUGAL. (Hansard, 11 February 1841)

§ Viscount Sandon
was very sorry to be obliged again to trouble the House with a question which had already too often occupied its attention. He had hoped from what transpired last Session, that the claims of British subjects upon the Portuguese government were in a fair way of being adjusted, and would require no further interference on his part. But on his return to London, he found, that the settlement of the claims of British officers and soldiers upon the Crown of Portugal, were exactly in the same position as when the Parliament closed. He found, that there was not one claim settled, and that no step had been taken towards the final adjustment. In order to show the House, that he was not needlessly complaining of delay, he would remind them of the state of this question. In the first place, these 511 claims had now remained unsettled for the space of six years. In the month of March, last year, his noble Friend, the Secretary of State for Foreign Affairs, announced in that year, that the Portuguese government had at length agreed to appoint commissioners for the purpose of settling these claims. In answer to a question which he put to his noble Friend, he stated, that a commissioner had been appointed by that government, and on the 30th March that a commissioner had also been appointed by the British Government. In May, the Portuguese commissioner arrived, and in the month of June, the claimants applied to the British commissioner for information how they were to proceed. On the 29th of June, he took the liberty of putting to his noble Friend further questions, and the reply was, in a few days the commissioner would be able to begin the investigation. The first sign of life which the commissioners publicly gave, was an announcement in the month of November, that they were appointed, and even then they did not say, that they were prepared to investigate claims. It was not till the month of December, that they invited the claimants to bring their claims before them. Now he had discovered that up to that very moment there had not been a single claim investigated. A question still existed, he believed, between the commissioners, or between the Governments upon what principle these claims were to be adjusted, or what was the contract upon which they would rest. Considering that it was stated in the early part of last Session, that there was then no question at issue that might not be settled in a few days, and that if the Portuguese government did not proceed with the matter within fourteen days, the British Government were prepared to take the question into their own hands, he was surprised that the British Government should not have made up their mind earlier what was the contract upon which rested the claims of British subjects; and if they had not yet done so, he thought the earliest steps should be taken for the purpose of effecting an adjustment. He was most anxious to call the attention of the House to the condition of the question, and he should, therefore, take the liberty of moving for the following returns;— A copy of the mixed British and Portu- 512 guese commission for investigating and deter, mining the naval and military claims on the Government of Portugal, arising out of the late war of restoration; also a copy of the convention between the British and Portuguese Governments relating to the issuing of such commission; also a copy of the instructions and rules framed for the guidance and direction of the commissioners; also a return of what has been done by the commissioners, and what progress has been made in the investigation of claims, and the number of claims, if any, which have been investigated and adjudicated; and, if not any, the causes of the delay.

§ Viscount Palmerston
could assure his noble Friend, it was with great regret, that he was not able to state to him and the House, that these claims were fairly and amicably settled. But his noble Friend was mistaken if he fancied that he found matters now as they were when he left London at the end of the last Session of Parliament. On the contrary very considerable progress had been made, and he hoped no great time would elapse before these affairs would finally be brought to a settlement. The House was aware, that a long correspondence had taken place between the two Governments before they came to an agreement for the appointment of a commission to sit in London; the commissioners to consist of one commissioner named by the British Government, and another to be named by the Portuguese Government. It was also well known, that the Portuguese wished the commission to sit in Lisbon, but they yielded that point. Then a difficulty arose in the choice of a commissioner on their part, and one or two persons to whom the appointment was offered, found themselves unable to undertake the duty. At last, the Portuguese government selected an officer well qualified in every respect for the duties attending the commission—an officer conversant with the English military service, who spoke the English language, and whose character was calculated to inspire confidence, that while he would do his duty to his own country, he would not take an unfair advantage of the English claimants. When the commissioners met in London, the first thing required of them was to draw up a code of rules and regulations to guide them in the performance of their duties. This occupied some considerable time, but at last the code was prepared and signed by the Portuguese minister in this country, and by him (Lord Palmer- 513 ston) on behalf of Great Britain. The commissioners then proceeded, and the first and most important duty they had to perform was, to come to an understanding upon the difficult question of the several contracts of service, and though his noble Friend might imagine that point could be settled in a very few days, yet he (Lord Palmerston) could assure his hon. Friend, who could not be so conversant with the matter as he necessarily was, that this part of the duty was not quite so easy as his noble Friend seemed to imagine. One part of the arrangement between the Portuguese and British Governments was, that if the two commissioners should differ, they should refer the point in dispute to some person who should act as arbiter between them. After some further delay, it was arranged, that the arbiter should be the representative of some foreign government at this court, and the choice fell upon the Belgian minister, who was kind enough, at the request of the Portuguese minister, and at his request, to undertake the duty. The high character of that distinguished individual, the knowledge he possessed of Portugal as well as England, and the soundness of his judgment rendered him peculiarly qualified for the task he had the goodness to accept. The two commissioners, whilst employed discussing the question of the contracts, had not been able to come to a decision, and, consequently had each of them prepared a statement of their respective views of the question. He had seen the statement of the British commissioner (Mr. Alcock), a document which reflected great credit upon that gentleman's assiduity and ability, and both the commissioners were now just about to refer to the umpire the decision of the point of difficulty between them. When that point was once decided, the matters which would remain were of less difficulty, and he should hope, that when the principle was once established, the adjustment of the claims would not occupy any great length of time. With regard to the papers which his noble Friend had moved for, he had to state, that no convention had been signed, but that an agreement had been come to by a course of diplomatic communications, partly written, and partly verbal. As a convention did not exist, it could not be produced, but there was a code of regulations to which the third part of the motion of his noble Friend alluded, and that code 514 he had no objection to lay before the House.

§ Viscount Sandon
withdrew the two first portions of the motion. He begged to observe that last year, his noble Friend had said the whole matter would be settled in a few days. He thought, that as there was no dispute about the Sartorius contract, the claims under it might ere this have been disposed of.

§ Viscount Palmerston
said, there had been no delay on the part of the commissioners; but it would have been useless to go into a detailed examination of the claims until the principle upon which they were to be disposed of was settled.

§ Sir De Lacy Evans
said, that he had reason to believe the matter was now in a very fair course for a settlement; and he trusted it would be soon brought to a satisfactory conclusion. He wished to observe, that he felt very strongly as to the conduct of the Portuguese government; and he believed it would probably be found, that the whole of the delay of six years was attributable to the want of good faith on the part of that government. He thought it due to the claimants to make that observation. If the noble Lord, the Secretary for Foreign Affairs, should find by and by when the investigation was proceeded with, that these delays, and these cruel and arbitrary proceedings towards the claimants were distinctly to be traced to the Portuguese government, it was to be hoped that he would support, not the right to an ordinary compensation for the delay and vexation they had suffered, but the most ample compensation for every loss and inconvenience they had sustained.